What to know about FTC’s new Endorsement Guides.

Got product reviews?

Here’s what you need to know about adulteration in the botanicals segment.

Which botanicals are at the highest risk of adulteration?

Jennifer Grebow is the editor-in-chief of 

, an award-winning media-content provider in the dietary supplement and natural products market. 

, an MJH Life Sciences brand, provides insights and industry updates critical to manufacturers of dietary supplements, healthy foods, and nutritious beverages. 

 keeps industry abreast of current market trends, research updates, news, and regulatory developments. 

goes beyond the 24-hour news cycle and provides in-depth analysis to help industry players navigate the challenges and changes in the near- and long-term. 

, the largest privately held, independent, full-service medical media company in North America, dedicated to delivering trusted health care news across multiple channels.

 about whether enough women are being trained in the field of nutrition turned into a larger discussion about whether today’s nutrition professions—from dietetics to nutraceuticals—are doing enough to encourage students to study nutrition in the first place. It turns out that many students aren’t exposed to nutrition as a career option at all.

“I don’t think that students at the high school level really understand what the nutrition field is about,” said panelist Nana Gletsu Miller, associate professor at Indiana University Bloomington. This is why, she said, she and her colleagues make a point of talking to high school students about “all the breadth of things that you can do with a nutrition degree and that it’s a legitimate field in healthcare.”

She added: “I think I heard once that a lot of people of color, especially underrepresented minorities, get the sense that working in nutrition is being in food service—like being in a cafeteria or preparing food in some way—as opposed to being a healthcare industry, very much like being a doctor or a lawyer and being part of the healthcare team.”

Panelist April Stull, associate professor of nutrition sciences at Baylor University, agreed. “Nutrition as a career option needs to be introduced early on to kids, and it also needs to be introduced as a

, because a lot of students are still connecting nutrition to home economics...I love home economics, but they need to know that nutrition is a science, and you can do so much more with nutrition.”

Students also need to be able to visualize rewarding career paths resulting from a nutrition degree. This is especially true for economically disadvantaged students. “When you’re going to school for a degree, you need an ROI. You need a job when you graduate,” pointed out panelist Brandi Reinbold, senior manager of certification at NSF. “You need to understand the path you’re taking because the stakes are higher when you’re going to school and you’re coming from an economically disadvantaged background. You 

 have a job at the end, and you’re not going to take the risks of choosing a degree that’s just interesting to you without understanding what that path looks like. That’s why I do think that education at the high school level about the very good opportunities in careers that exist in the nutritional industry—so that it is seen as a truly viable path and a good bet—is really necessary if you want to get those communities into these programs.”

Unfortunately, many students who want to pursue an education in nutrition face obstacles today. For instance, to become a registered dietician, students are required to complete a dietetic internship, which may be cost-prohibitive for those who need a paying job.

As panelist Michael McBurney, adjunct professor at the University of Guelph and Tufts University, pointed out, “It’s really expensive to go to university now in terms of tuition. If you have to live away from home and also support that…and then if there’s an internship requirement, I mean, that is a barrier that is insurmountable for somebody who is from a region or also has a racial barrier impediment...You’ll end up finding other job opportunities. You won’t fulfill your aspiration because you can’t overcome that without help.”

How can today’s nutrition professionals help make the nutrition career path more tenable for students?

It starts with funding, beginning with more scholarships and financial support. And once students do enter the field, they need to be paid well. As it stands, said Stull, “We’re losing people. There are fields that are way more attractive in health and wellness that pay way more than we do.”

In addition, professors need to tell students about the jobs that exist post-graduation. “Students need to be exposed to professors who really have an understanding of what’s going on in companies and job opportunities—not solely be focused on an academic career and research projects,” said McBurney.

In short, we need to create a “big picture of nutrition,” advised panelist Jeff Hilton, adjunct professor at Sonoran University of Health Sciences. “To me, it goes to the root of how do we paint a picture of what can be in terms of nutrition careers to some of these minority students who could be tremendous assets.”

Ensuring the diversity of those working in nutrition is critical in order to address the nutrition and health needs of all. As Stull said, “We need all ethnic groups and all genders to tackle food insecurity and nutrition-related diseases.”

Articles

It turns out that many students aren’t exposed to nutrition as a career option at all.

Show me the opportunities: How to get the next generation of students to pursue nutrition as a career

 investigated the impacts of a tart cherry extracts in either juice or powdered capsule form. In the study, 48 participants were randomized to receive either tart cherry or placebo as a juice (240 ml) or powdered capsule (480 mg per capsule) once or twice daily for 48 hours. Researchers measured inflammatory markers, including uric acid, high-sensitivity C-reactive protein, and oxidative capacity at baseline, one hour, two hours, four hours, eight, hours, 24 hours, and 48 hours after ingestion.

Results showed that uric acid declined for up to 24 hours after ingestion of a single capsule dose, up eight hours after a two-capsule dose, and up to two hours for a single juice dose. An increase in uric acid was observed from hour eight to 48 hours after ingestion of the single juice dose. No significant changes were observed in the other inflammatory markers. The powdered capsule formulation used in the study was CherryPURE from Anderson Advanced Ingredients.

“CherryPURE capsules positively impacted uric acid levels in a healthy population. I consider it a very good sign that we saw this benefit in people not currently diagnosed with chronic inflammation. For those who want to get the health benefits from tart cherries, but either don’t like the taste or find the juice to be inconvenient, this study indicates a single daily capsule may be a good option,” said one of the study’s researchers, Angela Hillman, PhD, in a press release. Hillman is assistant professor of Exercise Physiology, Division of Exercise Physiology, at Ohio University.

“Maintaining healthy uric acid levels is important for quality of life and overall health, including the kidneys, joints and the cardiovascular system,” Hillman continued. “This study provides evidence that we can use tart cherry capsules/CherryPURE to do this and further investigations are warranted.”

Hillman, A.R.; Uhranowsky, K. Acute Ingestion of Montmorency Tart Cherry Reduces Serum Uric Acid but Has no Impact on High Sensitivity C-Reactive Protein or Oxidative Capacity. 

Results showed that uric acid declined for up to 24 hours after ingestion of a single capsule dose.

Tart cherry capsules from Anderson Advanced Ingredients may help manage levels of uric acid, according to a recent study

Women in Nutraceuticals (WIN; Chandler, AZ) has launched a Pilot Mentorship Program designed to support senior-level women interested advancing their career to C-suite and board positions in the nutraceuticals industry. A full mentorship program for all senior-level WIN female members is expected to launch in early 2024, as well as a program to serve mid-level managers. The six-month mentorship program focuses on soft skills, such as critical thinking, effective communication, and empathy.

According to WIN, only 37% of senior leadership roles in the nutraceutical industry are filled by women, while 25% of C-suite representation are women, and 22% at the board level are women. One of WIN’s founding goals is to increase the number of women on corporate boards, in C-suit, and leadership positions.

“Based on extensive experiences in leadership functions in corporate structures as well as being an entrepreneur, I know that soft skills and an industry network beyond education and passion are needed to achieve career goals and to make an impact to our industry,” said Sybille Buchwald-Werner, PhD, managing director, Vital Solutions, the co-chair of WIN’s Mentorship Committee, in a press release. “I am grateful for everyone who has accompanied and supported me in my career, and now it is time to give something back. I enjoy working with educated and passionate women to explore their personal goals, set up a career plan, and accompany them on their way to the top.”

“I am excited to help accelerate the number of females in C-lead roles through this initiative,” added May Yamada-Lifton, COO, Maypro, and co-chair of WIN’s Mentorship Committee. “This program will encourage our WIN mentees to be clear on what their goals are, and find mentors who help them gain clarity on what needs to be done to determine their path forward. They will have a cohort of women and mentors to have as accountability partners. As a sector, we will benefit from having future female leaders who will increase the voice and perspective of women in a sector where the consumer is often a woman.”

Women in Nutraceuticals has launched a Pilot Mentorship Program for senior-level women interested advancing their career to C-suite and board positions in the nutraceuticals industry.

Women in Nutraceuticals launched Pilot Mentorship Program for senior-level women

Mike Straus is a freelance writer living in Kelowna, Canada. He has written for publications including 

Canadian Chiropractor Magazine, Massage Therapy Canada, 

 in 2023, and the new guidance is essential reading for any brand that wants to use celebrity, influencer, or customer endorsements or reviews to sell a product. One key goal of the updated Endorsement Guides is to make it more difficult for unethical companies to publish fake reviews. The updated guides also address distorted and incentivized reviews for the first time.

Brands in the natural products space should keep abreast of the new regulations, as violating them could result in financial penalties. Here’s what supplement brands should know about the updated FTC Endorsement Guides.

Companies Aren’t Responsible for Independent Reviews

One positive point in the new Endorsement Guides is the fact that companies bear no liability for truly independent reviews. The 

 notice accompanying the Endorsement Guides release clearly states that companies aren’t responsible for truly independent—that is, unincentivized—reviews, says Katie Bond, a lawyer and partner at Keller and Heckman (Washington, DC).

“Section 230 has always said this, but FTC’s stance on Section 230 hasn’t always been clear or well documented,” Bond explains. “The notice also acknowledges that FTC’s jurisdiction is limited to commercial speech, meaning speech promoting a product. That’s helpful to have in writing. FTC hasn’t always been clear on that point either, leaving a gray area around employees, for instance, involved in discussion with the press or in social media quite apart from promoting a product.”

Review Hijacking Prohibited Under New Rules

The new Endorsement Guides also prohibit the practice of “hijacking” reviews.

 Review hijacking is a practice whereby a company repurposes a review that was written for one product to be used for a different product. In February 2023, 

 that The Bountiful Company (Ronkonkoma, NY) would have to refund $600,000 to its customers after the company was found guilty of review hijacking.

Incentivized Reviews Are Subject to Conditions

FTC has discussed the problem of incentivized reviews in the past. In April 2019, FTC published an article exploring the problem of incentivized reviews in a case involving UrthBox (San Francisco, CA).

 UrthBox, a snack box delivery company, offered customers a free snack box in exchange for a positive Better Business Bureau (BBB) review, in spite of the fact that BBB requires customers to certify they haven’t been incentivized to leave a review. UrthBox violated the FTC Act by failing to disclose that some reviewers had received compensation for their reviews.

Per FTC rules, brands may offer an incentive for reviews, but they cannot require the review to be a positive one. Furthermore, reviewers should disclose that they were given an incentive to leave a review.

In addition to the revised Endorsement Guides, FTC has recently proposed a new rule that would prohibit the purchase and sale of fake reviews. The comment period closed on September 29, 2023.

“The new rule would prohibit activities such as selling or obtaining fake reviews, using fake-review websites, conditioning payment on a review favoring the company, using employee reviews without clear disclosure, and using unjustified legal threats or harassment to prevent or remove negative reviews,” Bond explains. “Once finalized, a single violation can be subject to a civil penalty of up to $50,120.”

In addition to this new FTC rule, competitors are aggressively pursuing fake-review practices, Bond says. Amazon is even cracking down by filing lawsuits against fake-review brokers.

Endorsement Guides Strengthen Consumer Protections

The new FTC Endorsement Guides have several key updates designed to protect both consumers and reputable companies. First and foremost, the Endorsement Guides would clarify that companies bear no liability or responsibility for truly independent reviews. Second, the practice of hijacking reviews will be prohibited under the new Endorsement Guides. Third, incentivized reviews will be subject to new conditions. And finally, soliciting or providing fake reviews will be prohibited.

With hefty fines for brands that break the rules, it’s in every supplement brand’s best interest to prepare for compliance with the new Endorsement Guides before they come into effect.

Maruf R. The FTC wants to make it harder to publish fake product reviews. 

https://www.cnn.com/2023/07/01/business/ftc-fake-review-rule-amazon/index.html

Fair, L. It’s unwise to incentivize positive skewed reviews. Federal Trade Commission

https://www.ftc.gov/business-guidance/blog/2019/04/its-unwise-incentivize-positive-skewed-reviews

Soliciting and paying for online reviews: A guide for marketers. Federal Trade Commission. Updated January 2022. 

https://www.ftc.gov/business-guidance/resources/soliciting-paying-online-reviews-guide-marketers

FTC’s Endorsement Guides got a critical update this year.

Got product reviews? What to know about FTC’s new Endorsement Guides

NutraShure Distribution LLC (East Setauket, NY) will be a first-time exhibitor at this year’s SupplySide West trade show happening October 23-27, 2023, in Las Vegas. At booth #7379, the company will highlight its ingredients for muscle performance, beauty-from-within, and more.

The company’s 3DPump Breakthrough ingredient “is a triple-action pump ingredient combining L-citrulline, high-yield glycerol, and a standardized extract of amla fruit,” the firm’s press release states. Together, they help increase nitric oxide production and maximize muscle performance.

Meanwhile, the company’s Polynol ingredient is an antioxidant-rich beauty-from-within ingredient “that can enhance overall health and wellness of cells within the body.” By doing so, the firm says, “Polynol offers antioxidant benefits that protect the skin’s cells from being damaged by ultraviolet light and lengthens telomers to support overall skin appearance and healthy cellular aging.”

Other branded ingredients on display include BetaPrime and Caraflame.

The company’s 3DPump Breakthrough ingredient boosts nitric oxide production, maximizing muscle pump.

NutraShure offers ingredients for muscle performance, beauty-from-within, and more: SupplySide West 2023 Preview

 investigated the effects of a probiotic strain, Bacillus subtilis MB40 (MB40) from Bio-Cat Inc. (Troy, VA), on the immunity of piglets exposed to foodborne pathogen, 

 (LM). In the study, 32 three-week old piglets were given either a basal diet, basal diet with LM challenge, an MB40 supplemented diet, and an MB40 supplemented diet with LM challenge for 14 days. Results showed that MB40 supplementation reduced LM bacterial counts in the liver and spleen by 67% and 49%, respectively, compared to basal diet. MB40 supplementation was also associated with decreased circulating concentrations of monocytes, which were shown to increase in response to LM challenge.

“The lowering of bacterial infection in the liver and spleen with MB40 may have contributed to decreased systemic inflammation, given the lower plasma concentrations of monocytes compared to challenged animals consuming a basal diet,” wrote the study’s authors. “These data demonstrate the efficacy of administering MB40 for as little as 1 week in significantly reducing visceral LM dissemination and invasion of visceral organs.”

 strains – not just in humans but also in animals, further supports that spores should be high on the list when considering new probiotic applications,” offered Jessica Spears, director of Research and Development for Probiotics at BIO-CAT Microbials, in a press release. “It was encouraging to see that the inclusion of 

MB40 spores in the diet helped improve innate immunity.”

Garvey, S.M.; Emami, N.K.; Guice, J.L.; Sriranganathan, N.; Penet, C.; Rhoads, R.P.; Spears, J.L.; Dalloul, R.A.; El-Kadi, S.W. The Probiotic Bacillus subtilis MB40 Improves Immunity in a Porcine Model of Listeriosis. 

A recent study investigated the effects of a probiotic strain, Bacillus subtilis MB40 from Bio-Cat Inc. (Troy, VA), on the immunity of piglets exposed to foodborne pathogen, Listeria monocytogenes.

Porcine model study finds that Bacillus strain from Bio-Cat may support immunity when exposed to foodborne pathogens

Botanical products have grown in popularity and with it the number of bad actors seeking to take advantage of consumers and make a quick buck. Adulteration became increasingly common during the COVID-19 pandemic when demand for natural health products soared and supply chains were strained.

Sadly, the threat of adulteration continues. As unethical suppliers seek to flood the market with subpar product, it’s essential for brands to know how to navigate this issue. Here’s what you need to know about the state of botanical adulteration in 2023.

Stefan Gafner, PhD, is the chief scientific officer for the American Botanical Council (Austin, TX). He is also the director of the ABC-AHP-NCNPR Botanical Adulterants Prevention Program (BAPP) and editor of the 

. Gafner says that while many ingredients lack information regarding their quality and authenticity, there are a few ingredients for which BAPP estimates a high risk of adulteration.

Ginkgo leaf extract, cordyceps, and bilberry extract are just some of the botanicals most at risk. “Additionally, some of the essential oils—sandalwood oil, boswellia oil, and lavender oil—are known to be frequently adulterated,” Gafner notes. “Of the ingredients that are currently very popular, the mushroom category may be an interesting one to investigate since data on quality and authenticity of mushroom dietary supplements are scarce.”

Supply Chain Issues, Lack of Enforcement Promote Adulteration

While there’s no single, specific driver behind adulteration, there are some factors that appear to have exerted an influence, Gafner notes. Firstly, the high rate of inflation may have pressured purchasing departments to cut costs on raw materials.

“The most important factor driving adulteration is financial gain,” he says. “Ingredients that sell at a high price are always at higher risk of adulteration as there is more money to be made from cheating. Supply shortages may play a role, as may confusion of common names or different interpretations of interchangeable use.”

as an example of regional differences in ingredient use. There are several species of 

that can be used interchangeably in traditional Chinese medicine, he says, while the Western market typically deals in 

Chinese traders may not be aware that if someone from the United States orders 

“Lack of enforcement can also impact adulteration,” Gafner adds. “As long as there’s such a low risk of getting caught when diluted or adulterated materials are sold, fraudsters may take a chance and sell adulterated ingredients.”

Unfortunately, adulteration can be a problem even in spite of robust quality control measures. Gafner says that most adulterators are very familiar with the quality control measures that brands use, and they know how industry labs perform tests. Thus, it’s possible to manufacture an adulterated ingredient that resembles the composition of the labeled botanical as closely as possible.

“This can be done by adding synthetically made marker constituents at the right concentrations, or by adding purified marker constituents from lower-cost natural sources,” Gafner explains. “What appears to happen more and more frequently is the dilution with excipients. In this case, the ingredient has the expected fingerprint and marker constituents but at a lower concentration.”

Testing and Market Awareness Are Key to Combatting Adulteration

The best way to combat adulteration is to test ingredients using a fit-for-purpose method, Gafner advises. He notes that it’s also crucial to have a simple supply chain network as well as regular, unannounced supplier audits.

“Companies that are vertically integrated and grow their own plants have an advantage as they control their plants from field to factory,” he says. “It’s much easier to detect adulteration in a whole plant than in a powdered dry extract. There are companies that only buy the dried plant part as a whole so they can see what the plant looks like prior to extraction.”

Market awareness is also key to combatting adulteration. It’s important for companies to be aware of which ingredients are at risk of adulteration and what one can expect to reasonably pay for high-quality material, Gafner says. If prices for a botanical ingredient are lower than expected, he says, that’s likely because the ingredient is adulterated.

“An easy way to stay informed is to read the Botanical Adulterants Prevention Program newsletter and bulletins for the 26 ingredients that BAPP has covered to date,” he concludes. “BAPP is an industry-sponsored initiative, and supporting it is another way that companies can help to combat adulteration.”

While botanical adulteration remains a significant threat to the industry, brands can avoid dealing with unethical suppliers through robust supplier audits and by choosing suppliers wisely. Vertically integrated suppliers who provide whole-plant ingredients are likely at low risk of providing adulterated products. BAPP’s newsletter and bulletins can also provide brands with up-to-date information regarding ingredients at high risk of adulteration. With a little bit of vigilance, botanical brands can maintain pure, unadulterated products that work.

The sugar in maple sap is the result of starch produced between May and August, which is stored in the tree roots. When the snow begins to melt, the starch turns into sucrose and circulates through the tree in preparation for the growing season. That is why sap runs intermittently between early March through mid-April during the thawing of the ground in the spring.

https://www.agmrc.org/commodities-products/specialty-crops/maple-sugar-profile

Fun fact! The sugar in maple sap is the result of starch produced between May and August, which is stored in the tree roots. When the snow begins to melt, the starch turns into sucrose and circulates through the tree in preparation for the growing season. Click to read more!

The sugar in maple sap

investigated the prebiotic effects of inulin-type fructans on 

growth in different food matrices. In the 10-day, four-arm, parallel, randomized trial, inulin was administered either in pure form or incorporated into shortbread biscuits, milk chocolate, and a rice drink. All groups, consisting of 24 participants each, consumed 10 g of chicory root fiber (Orafti Inulin from Beneo) per day. Results showed that all matrices similarly increased counts of 

, confirming that the selectivity of inulin-type fructans towards 

“Thanks to this study, product developers can ‘tick off’ one key question from their checklist: does the functional ingredient deliver the desired benefit when used in the final application? And the answer for chicory root fiber enrichment clearly is ‘yes,’” said Anke Sentko, vice president, Regulatory Affairs & Nutrition Communication at Beneo, in a press release. “It has now been scientifically proven that the intended 

 growth is independent of the food matrix that is used. These findings add to the large body of studies about the beneficial effects of chicory root fibers that already exist and are based on more than 25 years of scientific research on the proven prebiotics inulin and oligofructose.”

Jackson, P.P.J.; Wijeyesekera, A.; Theis, S.; Van Harsselaae, J.; Rastall, R.A. Effects of Food Matrix on the Prebiotic Efficacy of Inulin-Type Fructans: A Randomised Trial. 

In the 10-day, four-arm, parallel, randomized trial, inulin was administered either in pure form or incorporated into shortbread biscuits, milk chocolate, and a rice drink. 

Effects of inulin-type fructans on Bifidobacteria unaffected by food matrix, according to recent study

Lonza (Basel, Switzerland) will showcase its broad Capsugel capsules range at booth #4836 at the SupplySide West trade show happening October 23-27, 2023, in Las Vegas. The line includes on-trend offerings featuring clean-label, plant-based capsule polymers, including its Capsugel Vcaps, Vcaps Plus, DRcaps, and Plantcaps capsules.

Lonza says these options can help companies overcome their toughest capsule-filling challenges. “Lonza’s experts will demonstrate how product formulators can now match form with function through innovative capsules that address moisture sensitivity, acid sensitivity, strong odors, and designed release for improved performance,” says the company’s press release.

In addition, it adds, “For brands and contract manufacturing organizations finding certain capsule powder fills challenging, Lonza’s experts will show how to overcome this by better matching preparation to equipment, to ultimately ensure faster, more successful outcomes.”

In addition to its delivery forms, Lonza will discuss ingredients like its UC-II undenatured type-II collagen for pet and human joint health.

The company will exhibit an array of capsule offerings at booth #4836.

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Got product reviews?

Which botanicals are at the highest risk of adulteration?